Poore v. Simpson Paper Co.

I respectfully dissent.

A. The majority confuses subject matter jurisdiction with the merits.

“Federal courts have an ‘unflagging’ duty to hear cases that are properly before them.” Cinema Arts, Inc. v. County of Clark, 722 F.2d 579, 582 (9th Cir.1983) (quoting Colo. River Water Conservation Dist. v. United States, 424 U.S. 800, 817, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976)). The majority shirks this responsibility by closing the courthouse door to plaintiffs who raise colorable claims under federal law. See Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 117-18, 109 S.Ct. 948, 103 L.Ed.2d 80…